Title ENV, Environmental Conservation

§ 49-0203. State land acquisition policy. 1. The purpose of the land acquisition program of the department and the office is to provide for the conservation, protection, and preservation of open space, natural, historic and cultural resources and the enhancement of recreational o…

§ 49-0205. Comprehensive inventory of lands having statewide or regional significance. 1. In order to help provide a basis for a strategy for the preservation of land resources in the state and the preparation of the state land acquisition plan, the department and the office shal…

* § 49-0207. State land acquisition plan. 1. The department and the office shall prepare a state land acquisition plan to guide selection of projects for state acquisition taking into account regional advisory committee priorities and the department's and office's assessment of n…

§ 49-0209. Regional advisory committees. 1. There are hereby established regional advisory committees in each of the department's regions to provide the department and office with advice and recommendations from the public on the implementation of the land acquisition programs of…

§ 49-0211. State land acquisition advisory council. 1. The council shall consist of seven members: the commissioner of environmental conservation and the commissioner of parks, recreation and historic preservation, and the following officials or their designees: the governor, the…

§ 49-0213. Annual report. No later than January thirty-first, nineteen hundred ninety-one, and on an annual basis thereafter, the commissioners shall report on the department's and the office's land acquisition activities, including: 1. lands acquired, whether in fee title or by …

§ 49-0215. Annual budget request. The commissioners' annual budget request for land acquisition reappropriations shall include an itemization of contracts obligated from such appropriations as of the date of such submission.

§ 49-0301. Declaration of policy and statement of purpose. The legislature hereby finds and declares that in order to implement the state policy of conserving, preserving and protecting its environmental assets and natural and man-made resources, the preservation of open spaces, …

§ 49-0303. Definitions. When used in this title: 1. "Conservation easement" means an easement, covenant, restriction or other interest in real property, created under and subject to the provisions of this title which limits or restricts development, management or use of such real…

§ 49-0305. Conservation easements; certain common law rules not applicable. 1. A conservation easement may be created or conveyed only by an instrument which complies with the requirements of section 5-703 of the general obligations law and which is subscribed by the grantee. It …

§ 49-0307. Procedures for modifying or extinguishing conservation easement. 1. A conservation easement held by a not-for-profit conservation organization may only be modified or extinguished: (a) as provided in the instrument creating the easement; or (b) in a proceeding pursuant…

§ 49-0309. Scope of this title. This title shall not affect any interests or rights in real property which are not conservation easements, and shall not affect the rights of owners to convey any interests in real property which they could now create under existing law without ref…

§ 49-0311. Severability. The provisions of this title shall be severable, and if any clause, sentence, paragraph, subdivision or part of this title shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the rem…

§ 49-0501. Designation of geoparks and other sites. 1. For the purposes of this title, a "geopark" is an area or territory of the state encompassing one or more sites of scientific importance, for not only geological reasons but also by virtue of their archaeological, ecological …

§ 49-0503. Establishment of state geological trail. 1. The commissioner, in cooperation with the commissioners of transportation and economic development, shall establish a state geological trail to include the areas, territories and sites designated by the commissioner pursuant …

§ 49-0505. State geological planning and advisory council. 1. For the purposes of this title, "advisory council" means the state geological planning and advisory council established pursuant to this section. 2. There shall be established within the department the state geological…

§ 51-0101. Definitions. As used in this article the following terms shall mean and include: 1. "Commissioner" shall mean the commissioner of environmental conservation except that within and for the purposes of title eleven of this article, the commissioner of parks and recreatio…

§ 51-0103. Allocation of moneys. The moneys received by the state from the sale of bonds pursuant to the environmental quality bond act of nineteen hundred seventy-two shall be expended pursuant to appropriations, in the following amounts and (a) for deposit in the water pollutio…

§ 51-0105. State assistance application procedure. 1. A municipality upon the recommendation of its governing body may submit an application for state assistance toward the cost of any project which is eligible for state assistance pursuant to this article to the commissioner in …

§ 51-0107. Powers and duties of the commissioner. In administering the provisions of this article, the commissioner: 1. shall make an itemized estimate of funds or appropriations required annually for inclusion in the executive budget. 2. may in the name of the state as further p…

§ 51-0109. Powers and duties of a municipality. A municipality shall have the power and authority to: 1. undertake and carry out any project for which state assistance is received or to be received pursuant to this article and maintain and operate such project. 2. expend money re…

§ 51-0303. Definitions. As used in this title, the following terms shall mean and include: 2. "Construction". The erection, building, acquisition, alteration, reconstruction, improvement or extension of sewage treatment works; the inspection and supervision thereof; and the engin…

§ 51-0305. Contracts for water quailty improvement projects. 1. The commissioner, in the name of the state, may enter into contracts with municipalities having power to construct, operate and maintain sewage treatment works, and any such municipality may enter into a contract wit…

§ 51-0501. Allocation of moneys. The moneys received by the state from the sale of bonds pursuant to the environmental quality bond act of nineteen hundred seventy-two shall be expended in the following amounts pursuant to appropriation therefor: 1. For state air quality improvem…

§ 51-0503. Definitions. As used in this title, the following terms shall include and mean: 1. "Air quality improvement project." a. The upgrading of an existing incinerator, furnace or boiler and appurtenances thereto owned and operated by the state or a municipality, or b. The e…

§ 51-0505. Appoval of projects. 1. Air quality improvement projects shall be undertaken pursuant to this title only with the approval of the commissioner, and in the case of municipal projects, pursuant to an approved contract for state assistance. 2. In reviewing projects, the c…

§ 51-0507. Contracts for municipal air quality improvement projects. 1. The commissioner, in the name of the state, may enter into contracts with municipalities to undertake air quality improvement projects, and any such municipality may enter into a contract with the commissione…

§ 51-0701. Allocation of moneys. The moneys received by the state from the sale of bonds sold pursuant to the environmental quality bond act of nineteen hundred seventy-two shall be expended pursuant to appropriations therefor in accordance with the following allocations, supplem…

§ 51-0703. Definitions. As used in this title, the following terms shall mean and include: 1. "Forest Preserve Project." A state project to acquire lands as additions to the forest preserve within the Adirondack and Catskill Parks. 2. "Wetlands Preservation Project." A state proj…

§ 51-0705. Approval and execution of state projects. 1. State forest preserve, stream rights acquisition, wetlands preservation or restoration, unique area preservation, and public access to state lands projects shall be undertaken pursuant to this title only with the approval of…

§ 51-0709. Approval of municipal wetlands restoration projects. 1. A municipal wetlands restoration project shall be undertaken pursuant to this title only with the approval of the commissioner, and pursuant to an approved contract for state assistance. 2. In reviewing applicatio…

§ 51-0711. Contracts for municipal wetlands restoration projects. 1. The commissioner, in the name of the state, may enter into contracts with municipalities owning wetlands, and any such municipality may enter into a contract with the commissioner. Any such contract may include …

§ 51-0713. Restriction of alienation of wetlands. Any wetlands acquired or restored in part or in whole with state moneys pursuant to this title shall not be sold, leased or otherwise disposed of or used for any purpose inconsistent with the character or value of such wetlands. N…

§ 51-0901. Allocation of moneys. Of the moneys received by the state from the sale of bonds pursuant to the environmental quality bond act of nineteen hundred seventy-two, one hundred seventy-five million dollars ($175,000,000) shall be expended pursuant to appropriations thereof…

§ 51-0903. Definitions. As used in this title, the following terms shall mean and include: 1. "Solid Waste." All materials or substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not…

§ 51-0905. Approval of municipal solid waste management projects. 1. Municipal solid waste recovery and management projects shall be undertaken pursuant to this title only with the approval of the commissioner, and pursuant to an approved contract or contracts for state assistanc…

§ 51-0907. Contracts for municipal solid waste management projects. 1. The commissioner, in the name of the state, may enter into contracts with municipalities which may include such provisions as may be agreed upon by the parties thereto, and shall include, in substance, the fol…

§ 51-1101. Allocation of moneys. The moneys received by the state from the sale of bonds sold pursuant to the environmental quality bond act of nineteen hundred seventy-two shall be expended in the following amounts pursuant to appropriations therefor: 1. For metropolitan park pr…

§ 51-1103. Definitions. As used in this title, the following terms shall mean and include: 1. "Metropolitan Park Project." A state project to provide new and expanded public recreational opportunities in or near an urban population center to relieve serious overcrowding and preve…

§ 51-1105. Approval and execution of projects. 1. Metropolitan park, open space preservation, waterway, and trailway projects shall be undertaken pursuant to this title only with the approval of the commissioner. 2. Such projects as have been approved by the commissioner shall be…

§ 52-0101. Definitions. As used in this article the following terms shall mean and include: 1. "Commissioner" means the commissioner of environmental conservation except that within and for the purposes of title nine of this article, the term shall mean the commissioner of parks,…

§ 52-0103. Allocation of moneys. The moneys received by the state from the sale of bonds pursuant to the environmental quality bond act of nineteen hundred eighty-six shall be expended in the following amounts pursuant to appropriations and as specifically provided for in titles …

§ 52-0105. State assistance application procedure for title three of this article. 1. A municipality upon the recommendation of its governing body may submit an application for state assistance toward the cost of a project which is eligible for state assistance pursuant to title …

§ 52-0107. Powers and duties of the commissioner for title three of this article. In administering the provisions of title three of this article, the commissioner: 1. shall make an itemized estimate of funds or appropriations by project required annually for inclusion in the exec…

§ 52-0109. Powers and duties of a municipality. A municipality shall have the power and authority to: 1. undertake and carry out any project for which state assistance in the form of a grant is received or is to be received pursuant to this article and maintain and operate such p…

§ 52-0111. Equal employment opportunity program. 1. All contracts for design, construction, services and materials pursuant to this article of whatever nature and all documents soliciting bids or proposals therefor shall contain or make reference to the following provisions: a. T…

§ 52-0113. Minority and women-owned business enterprise program. 1. a. In the performance of projects pursuant to this article minority and women-owned business enterprises shall be given the opportunity for meaningful participation. The department or the office shall establish m…

§ 52-0301. Projects; authorization and approval. The commissioner is authorized to directly develop and implement, and to cause and to approve development and implementation by municipalities or by other parties, of hazardous waste site remediation projects consistent with title …

§ 52-0303. Contracts with municipalities. With respect to a project which the commissioner has determined pursuant to paragraph g of subdivision five of section 27-1313 of this chapter to be eligible for funding, funding by the state shall be up to an amount of seventy-five perce…

§ 52-0701. Approval and execution of state projects. 1. State environmentally sensitive land projects and forest preserve projects shall be undertaken pursuant to the provisions of this article only with the approval of the commissioner. 2. The commissioner shall make an itemized…